Keystone Cohorts HR Consulting Presents a One Day Workshop on Preventing Human Rights Complaints in New Brunswick

Human Rights Training for Employers & HR Managers in New Brunswick

Approved by the New Brunswick CPHR for Continuing Professional Development Credits : 6 hours

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Human Rights in Nova Scotia – A New Frontier

A critical program for employers, HR managers, business owners, and leadership teams responsible for workplace compliance under New Brunswick human rights law.

Y.Z. v Halifax Regional Development: $1 million reduced to $570,400 in Damages

This case found that the complainant had been treated adversely due to race. It was found that he had suffered permanent emotional harm due to the continuum of this human rights violation.

He was awarded $80,000 for emotional suffering after a discount of 40% to account for other factors impacting on his emotional well-being. His spouse, a non-party to the proceeding, was found to be also affected and was given an award of $25,000.

The complainant was also given sums for lost income, both past and future, in the sum of $433,000. This was again after the same 40% discount and a further 10% reduction to account for his failure to accept an alternate position in a different work site.

The total award was $570,400. Had the discounts not been required, the award would have exceeded $1 million.

$700,000 in Damages Blaney v New Brunswick

The recent decision of the New Brunswick Labour & Employment Board has signaled a new day for Human Rights Cases in New Brunswick. The Board of Inquiry, in the reasons provided by its Chair Person, David Mombourquette, ordered the New Brunswick Government to pay $700,000 in total damages to the complainant, Margaret-Ann Blaney.

The award arose out of a finding of adverse treatment due to political belief, a protected human right  in New Brunswick. The award consisted of several components, damages for injured feelings, a lost income award and an award for damages incurred due to need to sell her residence due to the public shaming she was encountering.

The award for injured feelings was set at $230,000, an unprecedented sum in New Brunswick. The prior high-side award had been $40,000. This is the highest award ever made in Canadian Human Rights jurisprudence. There have been awards close to this sum. One decision from British Columbia ordered $176,000, and an Ontario case set the damage claim at $200,000. It is not altogether out of range, yet it does remain a dramatic departure from the norm in New Brunswick.

An additional sum was ordered for lost income. The complainant was in the midst of a five year contract when terminated, which allowed for a claim to the end of this term. This sum totaled $400,000. The loss of the sale of the house has been estimated to be $20,000.

Lost Income awards in Human Rights cases have been enormous. Decisions have awarded as much as 10 to 12 years lost income, and/or reinstatement.

The potential liability is gargantuan. Yet, claims of this nature are entirely preventable.

In this program, you will learn all about the human rights process and how to avoid these claims and ensure a safe and secure workplace.

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